Mechanics’ liens are one of the most powerful tools available to contractors, subcontractors, and suppliers in the construction industry. They protect your right to payment by placing a legal claim on a property when you have not been paid for the work or materials you provided. However, lien rights are not indefinite. Every state has strict deadlines that determine how long you have to file and enforce a mechanics lien.
Missing a deadline can mean losing your legal right to foreclose on a lien, even if you have done the work and have not been paid.
In this article, we will explain the time limits that apply to mechanics liens and share deadlines by state so you can stay compliant and protect your right to payment.
Understanding Mechanics Lien Deadlines
To benefit from a mechanics lien, there are two critical deadlines you need to be aware of:
- The deadline to file your lien (record the lien claim)
- The deadline to enforce your lien (file a lawsuit to foreclose)
Both vary by state and can depend on your role in the project and whether a Notice of Completion or Cessation has been recorded. In several states, an owner-recorded notice can shorten your filing window. (For examples, see the state deadlines below.)
How Long Do You Have to File a Mechanics’ Lien
The time window to file your lien starts after completion of the work of improvement, cessation, or your last furnishing of labor or materials, depending on the state. Here is a breakdown of timelines by state.
California
Preliminary notice deadline:
Send no later than 20 days after your first day on the job, providing labor or supplying materials (exceptions may apply).
Lien filing deadline (private projects):
General contractor:
Record the lien within 60 days from the recordation of a Notice of Completion or Cessation. If no notice is recorded, record within 90 days of completion of the entire work of improvement. If there is a cessation of labor but no recorded Notice of Cessation, record within 150 days from cessation.
Subcontractor or material supplier:
Record the lien within 30 days from the recordation of a Notice of Completion or Cessation. If no notice is recorded, record within 90 days of completion of the entire work of improvement. If there is a cessation of labor but no recorded Notice of Cessation, record within 150 days from cessation.
Arizona
Preliminary notice deadline:
Send no later than 20 days after providing labor, services, or materials (requirements vary slightly by role and recipients).
Lien filing deadline:
Record the Lien within the earlier of 60 days after recordation of the Notice of Completion, or within 120 days after completion.
Nevada
Preliminary notice deadline (private projects):
Send no later than 31days after your first day on the job, providing labor or supplying materials (exceptions may apply)
Lien filing deadline (private projects):
Record the lien within 40 days from the recordation of a Notice of Completion or Cessation. If no notice is recorded, record within 90 days of completion of the entire work of improvement.
Oregon
Preliminary notice deadline (private projects):
Send no later than 8 working days from the first labor or materials.
Lien filing deadline (private projects):
File the lien claim with the proper county recorder within 75 days after completion of the work of improvement, or 75 days after you cease to provide services or materials, whichever occurs first.
Washington
Preliminary notice deadline (private projects):
For work done on a single-family residence, give notice within 10 days after the first delivery of materials or supplies. For all other projects, give notice within 60 days after the first delivery.
Lien filing deadline (private projects):
Record within 90 days after the last labor is performed or materials are furnished.
How Long Do You Have to Enforce a Mechanics’ Lien
Filing a lien does not automatically get you paid. In many disputes, the lien provides leverage that prompts payment discussions. If that does not happen, enforcement typically requires a foreclosure lawsuit handled by an attorney.
Here are the enforcement deadlines from the attached state timetables.
California
File a complaint to foreclose the lien prior to 90 days after the date of recordation of the lien.
Arizona
Action to foreclose the mechanics lien must be commenced within 6 months after recording the claim of lien.
Nevada
File the foreclosure complaint within 6 months from the date of recordation of the lien.
Oregon
File suit to foreclose within 120 days after recordation of the lien.
Washington
File suit to foreclose no later than 8 calendar months after recording of the lien.
Why Notices of Completion Matter
In California, Arizona, and Nevada, an owner-recorded Notice of Completion can shorten the lien filing deadline significantly. For example, California shortens the window to 60 days for general contractors and 30 days for subcontractors and suppliers after recordation of a Notice of Completion or Cessation. Arizona and Nevada similarly tie shorter lien deadlines to a recorded Notice of Completion.
One way to reduce surprises is to confirm whether a Notice of Completion has been recorded for the jobsite address. CNS offers a Notice of Completion Search and a Notice of Completion Monitoring option that can be ordered separately, including a search looking back 365 days or monitoring a jobsite address going forward for 365 days.
What Happens if a Lien “Expires”
If you miss the enforcement deadline, the lien generally becomes unenforceable in court. That means you lose the legal right to foreclose on the property through the lien process, even if the recorded document still appears in county records.
Even when a lien is no longer enforceable, it can still lead to payment in some situations because owners may want to clear title to sell or refinance. At the same time, an owner may challenge the lien or demand removal, so it is important to understand your risk and options if deadlines have been missed.
If you have been paid, in whole or in part, it is important to handle lien releases appropriately.
Final Tips to Protect Your Lien Rights
Send your preliminary notice early. Several of the states above require fast notice timelines, such as California within 20 days, Oregon within 8 working days, and Nevada within 31 days.
Confirm the correct parties for your notice. Preliminary notices often must go to specific recipients such as the recorded property owner, general contractor, and sometimes the construction lender or mortgage holder.
Track project milestones internally. CNS does not provide deadline reminders or project timeline tracking because key milestone information does not automatically come to CNS when it occurs.
Check whether a Notice of Completion was recorded. In multiple states, it can shorten your lien deadline.
Act early when payment issues arise. Waiting until the last week increases the risk of missing a requirement or running out of time to correct an error.
Need Help Getting Started
If you are dealing with slow pay, short pay, or no pay and want help preparing and filing the right documents, CNS can assist with preparing and filing liens and notices based on state requirements. CNS is not a law firm and cannot provide legal advice. If enforcement is needed, CNS can refer you to a partner law firm.
Contact CNS today at 800-366-5660 to file your mechanics lien today.
Disclaimer: This article is for informational purposes only and is not legal advice. Lien rights and deadlines vary by state and project facts. For guidance on your specific situation, consult a licensed construction attorney.
